Mailam P.S v. Hariharan

Suo Motu TR.No.4377 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.4377 of 2025 (S.T.C.No.114 of 2020 of Judicial Magistrate Court No.II, Tindivanam Taluk, Villupuram) For Petitioner : Ms.G.V.Kasthuri Additional Public Prosecutor

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu W.P.(Crl.) No.618 of 2025. 2.The case in Cr.No.498 of 2019 was registered for alleged offences under Sections 279 and 338 of the I.P.C. It is seen that no claim petition has been filed on behalf of the defacto-complainant. But the defacto-complainant has also opposed for quashing the case. The police can serve a set of papers on the defacto-complainant and the defacto-complainant can file a claim petition, if he chooses to and legal aid, if any needed, to be provided to the said claim petition. The matter has been pending since 2019.

3. Considering the factual matrix, context of the case, the reason for absence from his usual place, and the submission that, despite best efforts, the summons could not be served, it is evident that even if the accused is brought to face trial, it would impinge upon his right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.4377 of 2025 served.

D.BHARATHA CHAKRAVARTHY, J.

4. Accordingly, the case in S.T.C.No.114 of 2020 of Judicial Magistrate Court No.II, Tindivanam Taluk, Villupuram, stands quashed. This Suo Motu Transfer Case is disposed of. It is made clear that the disposal of this case shall not, in any manner, affect any claim petition that may be filed in the future. 22.10.2025 ep electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned. Suo Motu TR.No.4377 of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis